Establishing Jurisdiction

In this Topic

  1. Long-Arm Jurisdiction: One-State Remedy
    1. Advantages of Long-Arm Case Processing
    2. Factors to Consider with Long-Arm Jurisdiction
      1. Service of Process
      2. Nonappearance by the Obligor
      3. Physical Presence
      4. Testimony by Telephone
  2. Two-State Proceeding
    1. Processing an Incoming Request for Establishment of a Support Order
    2. Processing an Outgoing Request for Establishment of a Support Order
  3. Related Information

Long-Arm Jurisdiction: One-State Remedy

UIFSAUniform Interstate Family Support Act provisions enable a plaintiff in one state to bring an action to retain local ownership (i.e., keep the case in the state of the plaintiff’s residence) using long-arm jurisdiction. When long-arm jurisdiction is used in a case, the proceeding is a one-state proceeding because it takes place in the same state where the initiating agency or individual is located. Generally, long-arm jurisdiction is preferred to a two-state actionaction45 CFR 303.7(b)(1). If long-arm jurisdiction is inappropriate or unsuccessful, the case can be processed as a two-state proceeding.

Long-arm support establishment, which extends personal jurisdiction over non-residents, is allowed under N.J.S.A. 2A:4-30.68 if the case meets any one of the following circumstances:

  • Personal service of the NCP is made within New Jersey
  • The NCP consents to submit to jurisdiction by entering a general appearance or by filing a responsive document having the effect of waiving any contest to personal jurisdiction
  • The NCP lived with the child in New Jersey
  • The NCP lived in New Jersey and provided prenatal expenses or support for the child
  • The child is living in New Jersey due to directives or acts by the NCP, which could include domestic violence
  • The NCP had sexual intercourse in New Jersey, possibly resulting in the conception of the child
  • Other bases for personal jurisdiction exist consistent with the constitutions of New Jersey and the United States

Advantages of Long-Arm Case Processing

Long-arm case processing has several advantages over two-state processing:

  • Long-arm procedures are the same as a state’s in-state case procedures; that is, a local complaint is filed.
  • In-state procedures are usually simpler. There normally is less delay because another state’s tribunal is not involved.
  • The outcome is more predictable because the law of only one state applies.
  • The order is enforceable by direct income withholding.
  • The order can be modified only in the state where it originated.
  • Non-modifiable terms are determined by the laws of the state in which the order was established (e.g., emancipation, duration of the order, and so on.).

Factors to Consider with Long-Arm Jurisdiction

Because of the many advantages, long-arm jurisdiction should be used whenever it is beneficial to do so. When paternity is an issue, the IV-D agency must use its long-arm statute when appropriate to be consistent with regulatory language in the CFR. After the facts surrounding the case have been analyzed and a decision has been made that the case can be processed using long-arm jurisdiction, there are several other elements to be considered:

Service of Process

Due process requirements must be met to obtain an order using a long-arm proceeding. Service of Process means a party is notified of an action brought against that party. The law requires that service be done to ensure that a person is aware of the action and has an opportunity to be heard or to contest jurisdiction. New Jersey Court Rule (Rule) 5:4-4(b) and IT 09-55 set out the procedures for Service of Process in paternity and support proceedings. The Family Division of the county in which the complaint was filed mails a copy of the complaint and the summons simultaneously by both certified return receipt and regular mail to the address of the defendant as provided by the party filing the complaint. This mailing constitutes proof of service unless:

  • “there is no proof that the certified mail was received”; or
  • “either the certified or regular mail is returned by the postal service marked ‘moved, unable to forward,’ ‘addressee not known,’ ‘no such number/street,’ ‘insufficient address,’ ‘forwarding order expired’”; or
  • “The court has other reason to believe that service was not affected. (i.e., there has been no return of service or hearing testimony indicating the respondent was not servedserved Rule 5:4-4(b)(2) ).”

If the service has been effected, a default order can be entered if the criteria for long-arm jurisdiction have been met. If service cannot be effected, the court adjourns the case and attempts to get better service or dismisses the complaint without prejudice, subject to reinstatement retroactive to the original filing date, if service is subsequently successfulsuccessfulRule 5:4-4(b)(3).

Service of Process can also be done on an individual outside of the State of New Jersey. Service can be performed by using another state’s IV-D agency, sheriff’s department, or private process serverserverRule 4:4-5.

Nonappearance by the Obligor

After the court is satisfied that service was accomplished, it can issue an order or grant any other relief requested, even if the other party does not appear for the proceeding. This is because service provides an opportunity to be heard. After the obligor has been served, it becomes that person’s responsibility to answer the proceeding. If the person does not fulfill the responsibility to answer, the proceeding can still go forward, and the tribunal can make its ruling with or without the participation of the respondent (i.e., enter an order by default).

Physical Presence

The physical presence of the petitioner in a responding court of New Jersey is not required for the establishment, enforcement, or modification of a support order or for the establishment of paternitypaternityN.J.S.A. 2A:4-30.92(a).  

Testimony by Telephone

The UIFSA sets forth a provision that a tribunal can allow a party or a witness residing in another state to testify or be deposed by telephone or by other audiovisual or electronic means at a designated tribunal or other location in that state. This means that a tribunal can allow an out-of-state respondent to participate in a proceeding without the respondent having to be physically present in the state in which the proceeding takes placeplaceN.J.S.A. 2A:4-30.92(f).  

Note: This provision for testimony by telephone can be applied in two-state cases as well as in long-arm cases.

Two-State Proceeding

Cases that do not meet the criteria for long-arm processing, or that were unsuccessful after attempting long-arm processing, are processed as a two-state proceeding. To initiate a two-state proceeding, the state in which the obligee resides assists in the completion of standard intergovernmental forms mandated by federal law and specifies which intergovernmental remedies are requested.

Note: When New Jersey is the initiating jurisdiction, it is essential to include all supporting documents with the UIFSA petition.

In a two-state proceeding, the action is sent to and determined in the state of the responding party. When the case is a two-state proceeding, there is

  • an initiating jurisdiction, which assists the petitioner with completion of standard intergovernmental transmittals and documents, and
  • a responding jurisdiction, where the transmittals and documents are sent and the action is decided.

Note: If a proceeding is filed in New Jersey and forwarded to another state for action, New Jersey is the initiating agency. If a proceeding is filed in another state and forwarded to New Jersey for action, New Jersey is the responding agency.

Depending on the initial request, a combination of the following intergovernmental documents will be completed as needed and will be referred to as “the appropriate UIFSA packet.” Below is a list of the forms that might be in the packet, depending on the situation. See Intergovernmental Documents for details of each document.

  • Child Support Enforcement Transmittal #1—Initial Request Uniform Support Petition
  • Child Support Enforcement Transmittal #1—Acknowledgment
  • Child Support Enforcement Transmittal #2—Subsequent Actions
  • Child Support Enforcement Transmittal #3—Request for Assistance/Discovery
  • Child Support Confidential Information Form
  • Personal Information Form for UIFSA § 311
  • Letter of Transmittal Requesting Registration
  • Uniform Support Petition
  • General Testimony
  • Locate Data Sheet
  • Declaration in Support of Establishing Parentage

Processing an Incoming Request for Establishment of a Support Order

Incoming requests to establish a child support order are sent to the ICRInterstate Central Registry. The ICR then assigns the case to the Family Division in the appropriate county of venue. Sometimes, petitions are sent directly to the Family Division, and, in those cases, the Family Division is responsible for assigning the DCNDepartmental Client Number and establishing the case in the State automated system, if those steps are necessary.

The hearing proceeds in accordance with in-state procedures for establishment of paternity and support. The petitioning Title IV-D agency is represented by the county IV-D attorney. The petitioner may ask for a telephonic appearance.

Processing an Outgoing Request for Establishment of a Support Order

If New Jersey is initiating a request to establish a child support order, the child support staff in New Jersey interviews the petitioner. The staff uses that information to complete the appropriate intergovernmental forms and, after obtaining the proper signatures, forwards the forms to the Central Registry in the receiving state.

The paperwork should not be sent directly to the county, parish, or other local entity where the NCP resides. The hearing proceeds in accordance with in-state procedures for the establishment of paternity and support for the receiving state.

  • Intergovernmental Documents
  • 45 CFR 303.7(b)(1)
  • Rule 5:4-4(b)(2)
  • Rule 5:4-4(b)(3)
  • Rule 4:4-5
  • N.J.S.A. 2A:4-30.155(a)
  • N.J.S.A. 2A:4-30.155(f)
  • N.J.S.A. 2A:4-129

 

Institute for Families, School of Social Work  Rutgers, the State University of New Jersey - Child Support Program Manual 2020 Release